Public thinks criminal trials neither free nor fair: Supreme Court

Satya Prakash

New Delhi, May 5

Lamenting that there is “practically no effective and meaningful cross-examination” by public prosecutors of hostile witnesses during criminal trials, the Supreme Court has said the public at large thinks criminal trials are “neither free nor fair”.

Can’t be mere tape recorders

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The courts have to take a participatory role in the trial and not act as mere tape recorders to record whatever is being stated by the witnesses. SC Bench

“Free and fair trial is the very foundation of criminal jurisprudence. There is a reasonable apprehension that the criminal trial is neither free nor fair with the prosecutor appointed by the state government conducting the trial in a manner where frequently the prosecution witnesses turn hostile,” a Bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said. The Bench said over the time the court had noticed while hearing criminal appeals that there was practically no effective and meaningful cross-examination by the public prosecutor of a hostile witness. “All that the public prosecutor would do is to confront the hostile witness with his or her police statement… This is not sufficient. The aim of cross-examination is to impeach the accuracy, credibility and general value of the evidence given in-chief,” it said.